Promopharm is the publisher and operator of the site masante.lu.
The present general terms and conditions of sale govern all contracts concluded from the website accessible at the URL address: http://www.masante.lu.
They are concluded between :
Masante.lu, on the one hand,
and the private, non-professional client, on the other hand.
The client and Masante.lu will be referred to collectively as the parties.
These Terms and Conditions of Sale are deemed to be dependent on the regulations in force for that particular activity.
Any order placed on the site www.masante.lu.com implies the customer's unreserved acceptance of these terms and conditions of sale.
The language of drafting of these general conditions of sale is English.
Article 1: Definitions
The terms, mentioned below have, in these general conditions of sale, the following meaning:
Products: shall designate all of the products available on the website http://www.masante.lu, such as parapharmaceutical products other than those that are pharmaceuticals as defined by law.
Masante.lu : shall designate 's e-commerce site accessible at the following address: http://www.masante.lu.com. shall designate all web pages hosted and products offered to clients.
Customer: refers to the co-contracting party of Masante.lu who guarantees to be a private individual consumer as defined by Luxembourg law and jurisprudence.
General Terms and Conditions of Sale or GCS: means the present contract deemed to have been accepted by the parties.
Delivery: delivery is considered to be made from the date of the first presentation of the products to the delivery address mentioned at the time of the order by the customer.
Article 2: Subject of the contract
The purpose of these GTC is to set out the contractual provisions relating to the respective rights and obligations of the parties in the context of the sale of products made on masante.lu.
Article 3: Modification of the GCS
Masante.lu may modify these GTC at any time. The customer will be informed of the nature of these modifications as soon as they are put online on the website www.masante.lu.
The modifications will come into force 30 days after they are put online on the site.
Article 4: Products offered
Online product presentation.
The majority of the products are supplied with instructions for use written in French as well as in German. If necessary, the precise conditions of use are indicated on the product packaging.
In case of doubt about the characteristics of a product, the customer can contact Masante.lu at the following number: +352/36.63.96-43 or by e-mail by accessing the contact form. The photos are not contractual.
Limit of stocks
The products ordered and the promotional offers proposed by Masante.lu on its website masante.lu are valid only while stocks last. Product offers and prices are valid only as long as they are visible on the masante.lu site and within the limit of available stocks.
In order to guarantee the maximum availability of the products put online, masante.lu updates the stocks in an automated way several times a day. Despite these precautions, it could happen that a product is no longer available. In this case, the customer will be immediately notified and reimbursed in case of unavailability beyond a period acceptable to him.
Quantity limits per customer and per day
For certain products put online, in accordance with regulations and/or contractual sales conditions imposed by certain laboratories, a maximum purchase quantity per day and per customer may be set up. Any order exceeding these quotas will be immediately cancelled and refunded.
In order to guarantee your security, and within the framework of the regulatory obligations incumbent on us, the customer must check that the product ordered online does not require an order in the country of delivery.
Article 5: Price
All our prices are indicated in euros, all taxes included (TTC), and are ex warehouse, packed and wrapped by us.
Shipping costs are at the expense of the purchaser.
The customs charges that may be requested from the Customer by the authorities of his place of delivery are not included in our prices, and the Customer must make it his personal business.
The prices of the products take into account the VAT applicable on the day of the conclusion of the contract. Any change in the rate may be passed on to the price of the products.
All orders placed on the site masante.lu are payable at the time of order by bank transfer.
The ordered products are invoiced at the price in force at the time of the order registration.
Article 6: Order
The customer will be able to place an order:
On the site masante.lu accessible at www.masante.lu.
By phone at the number +352/36.63.96-43 or by e-mail: email@example.com.
The order process is as follows:
The customer consults the products available on the site by browsing through the categories of the site, indicated in the menu on all pages. On each page listing the products of a category, the customer can filter the products according to several criteria in order to refine his search with relevance.
The customer can then access to the complete file of an article.
When the customer decides to buy the product, he must click on the "Add to cart" button, after having specified the desired quantity in order to place the item in his cart. If the chosen quantity is greater than the available stock or the total quantity authorized, a message will warn the customer so that he can correct the quantity to be put in his basket.
The customer can then continue shopping on the site and place several items in his basket in the same way. At any time, the customer can consult the summary of his basket and the provisional total of his purchases by placing the mouse in front of the basket icon located at the top right of the entire site.
When the customer wishes to proceed to the validation of his order, he can consult and modify his basket by clicking on "Basket" or directly access the first step of the order process by clicking on "Order", these two buttons being located at the bottom of his basket summary.
If the customer wishes to see the details of the basket and after having checked, modified the quantities and/or deleted one or more items, the customer then clicks on the "Order" button to access each of the steps:
Choice and validation of the delivery address Choice and validation of the mode of delivery, specifying the price of each proposed mode of delivery, Choice and validation of the chosen payment method Before proceeding with payment, the customer must definitively validate his order by clicking on the "Validate the order" button and also confirm that he has read and adheres to these General Terms and Conditions of Sale.
The customer will be able to visualize again the details of his order and its total price, correct possible errors, before confirming this one to express his acceptance.
Masante.lu reserves the ownership of the products until the complete payment of the order, that is to say, the collection of the price of the order by masante.lu.
Masante.lu will only bear the risks on the products until their departure from the pharmacy, that is to say by their direct assumption of responsibility by the customer or by the carrier chosen by the latter. However, Masante.lu remains responsible for the packaging of the products and the Customer must inform Masante.lu within 48 hours by e-mail: firstname.lastname@example.org or by telephone at +352/36.63.96-43 if he notices an error in the contents of the package or any defective product.
Article 7: Delivery
As indicated in article 5 of these general terms and conditions of sale, our prices include VAT from our warehouse. Shipping and delivery costs are not included in our prices and are at the exclusive charge of the buyer or free of charge depending on the amount of the order.
The Customer may choose, if he wishes to be delivered, one of the carriers proposed by Masante.lu.
The products available on the site masante.lu can be delivered to Luxembourg, Belgium, Metropolitan France and the European Area: Germany, Austria, Bulgaria, Cyprus, Denmark, Spain, Estonia, Finland, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Malta, Netherlands, Poland, Portugal, Czech Republic, Romania, United Kingdom, Slovakia, Slovenia, Sweden, Iceland, Liechtenstein, Norway.
The financial conditions for the different destinations are also available on the "Delivery methods" page.
The delivery period begins once the order has been fully paid for. This period will be specified on the customer's order verification page and depends on the delivery solution chosen. Orders validated before 12 noon are processed the same day, orders validated after 12 noon will be processed the next day. The normal delivery time by post is 1 to 2 days (Luxembourg, France and Belgium.) The delivery time is 3 to 5 days for other countries.
The Customer has the obligation to check the conformity of the goods delivered at the time of delivery. Any anomaly concerning the product (damage, missing product compared to the order form, damaged package, broken products, defective, ...) must be indicated upon delivery and as soon as possible (3 working days), and this in accordance with the terms and conditions of Article 9 of these Terms and Conditions.
The products are no longer under the responsibility of masante.lu as soon as they are handed over to the buyer or the carrier. Masante.lu remains however responsible for the conditioning and packaging of the products as indicated in article 6 of the GCS.
Article 8: Legal compliance and guarantee
For defects of conformity, the customer must mention upon delivery and as soon as possible, in accordance with Article 8 of these GCS, all defects of conformity to Masante.lu, and this via the site masante.lu from the contact page accessible at http://www. masante.lu by choosing the theme "A product received is not in conformity", specifying the following information:
Name, First name and address
Reference of the item(s) to be returned
Reason for return for non-compliance.
However, this warranty is limited to normal use of the product. If the non-conformity is proven, the Customer may either have the product repaired within 30 days when possible, or replaced.
In the event that the customer's choice results in a cost that is clearly disproportionate in comparison with the other option offered to him/her, with regard to the value of the product or the importance of the defect found, Masante.lu reserves the right to opt for the second solution offered.
Likewise, in the event of a replacement or an impossible repair, Masante.lu undertakes to refund the price within 14 days in exchange for the return of the product by the customer to the following address: Dynapharm - BP12- L5801 Hesperange.
Masante.lu is not responsible for apparent defects that the customer could have noticed by himself and of which he could have been convinced.
However, all the products benefit from the legal guarantee against hidden defects that make them unfit for the use for which they are intended, or that diminish this use so much that the buyer would not have acquired them, or would only have paid a lower price for them, if he had known about them.
In the event of exercising the right of return, under the conditions of this article, the customer must return the product to the above-mentioned address after obtaining the return code for his request by telephone or by e-mail email@example.com. In addition, the customer has an after-sales service that he can contact by phone: +352/36.63.96-1.
Article 9: Right of withdrawal
The consumer Customer benefits from a 14-day retraction period as from the reception of his order. The right of withdrawal does not entail any penalty. To obtain a refund or an exchange, the customer must return at his own expense and under his responsibility the new products (with the delivery note) in their original packaging, intact, accompanied by any accessories, (such as and among other instructions for use and documentation) to the following address: Dynapharm - BP12- L5801 Hesperange.
For a better treatment of your file, we advise you to formulate your request for return of goods using the contact form: Orders and returns.
Attention, for hygiene and regulatory reasons, some products do not fall within the scope of this right of withdrawal. Indeed, some items are health products which, because of their nature, are likely to deteriorate and must imperatively integrate a secure supply chain prohibiting any reintegration into the circuit of a product that has left (sold). And the following items cannot be returned:
- Products whose protective covers or seals have been opened. - Products without a protective cap intended for personal use, since they cannot be reintroduced into the sales channel. - Baby food and food supplements sensitive to storage conditions.
Any unpackaged goods or goods bearing marks of fitting, use/wear will be systematically refused, especially if they are products in direct contact with the skin.
Article 10: Protection of personal data
In the context of the operation of the masante.lu site, Masante.lu is likely to collect personal data. These data will be processed in accordance with the purposes intended at the time of collection.
It is recalled that the person whose personal data is processed benefits from the rights of access, rectification and opposition to the processing of their personal data.
These rights may be exercised, in accordance with the amended law of 30 May 2005 on the protection of privacy in the electronic communications sector (http://www.cnpd.public.lu ) by simple request by e-mail to firstname.lastname@example.org or by paper mail to Dynapharm - BP12- L5801 Hesperange, providing proof of identity and a legitimate reason if required by law.
Article 11: Responsibility
Masante.lu cannot be held liable in the event of non-execution or poor execution of the contractual services attributable to the Customer, in particular at the time of order entry. Masante.lu cannot be held responsible, or considered to have failed to comply with these conditions, for any delay or non-performance, when the cause of the delay or non-performance is related to a case of force majeure as defined by the jurisprudence of the Luxembourg courts and tribunals.
Article 12: General provisions
If any of the stipulations of these GTC should be invalid with regard to a legislative or regulatory provision in force or a court decision having the force of res judicata, it shall be deemed to be unwritten but shall not affect the validity of the other clauses, which shall remain fully applicable.
Article 13: Archiving of the contract
All contracts concluded on our website (order data and GTCs in force on the day of your order) are archived for a period of 10 years.
Article 14: Applicable law
The interpretation and execution of these General Terms and Conditions of Sale, as well as all acts that will result from them, are subject exclusively to Luxembourg law. In the event of a dispute arising between the parties concerning the interpretation, execution or termination of the Contract and the services induced, the parties shall endeavour to settle it amicably.